Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1887-01-06
N1cKEus GONE .YRoNa AGAIN.

appointments:
NICKEUs GONE WRONG AGAIN.
Gov Fierce saysin his department of
the Pioneer Press: The Hon. johnson
Nlckeus, of Jamestown, makes some
very good points regarding the distribu-
ton of territorial patronage in recent
letter to The Alert, of that city, and also
to the Capital Mr.. Nlckeus IS mistaken,
however, in one of his premises. The
territorial legislature cannot provide for
the election of territorial officers, general
officers of the militia excepted. Section
1857 Of the organic law declares that
'sAll township, district and county Of
ticers, except Justices Of the peace an
general officers of the militia, shall be
appointed or elected in such manner as
may be provided by the governor and
legislative assembly of each territory.
All other officers not herein otherwise
provided for, the governor shall nomi-
nate, and by and with the advice Of the
legislative council, shall appoint" The
auditor, treasurer, attorney general, SUI
perintendent of education, commissioners
immigration, etc, etc.. must be nominal
ed by the governor" 5.r.g us.s ~ 4.
The Alert submits the following ex-
tract from Judge Nickeus' communica-
ton, which shows what he did say, and
asks its readers to say whether che has
gone wrong again"
"This claim for, the officers is based
upon the organic act, which, it IS claimed
gives the governor the same power in the,
appointment of territorial, that the presi-
dent has in the appointment Of federal
officers
| This ls true, with few exceptions, as
the laws on our statute books now stand
but the constitution of the United States
has not provided for limiting the presi-
dents appointing power,as IS done in our
organic act touching the governors pow
er. That IS to say, congress Can not cur
tail the presidents power IN This dlrec-
tion, as can thelegislature the governors.
The organic act is as follows: "All town
ships, district and county officers, except
Justices of the piece and general officers
Of the militia. shall be appointed Or elect
ed in such manner as may be provided by
the governor and legislative assembly,"
acting law in relation to penitentiarles,
the territory the first district, and the
uOIeu udllsGAO cCCOuu uloeA NV, dAu ~ oAi
with all territorial institutions when there
ie one in the north and one in the south.
The legislature could also divide the ter
rltory into threeirailroad commissioner dis
tricts and let the people select all, as
they did the district attorneys few year
ago. do not overlook the fact that by
the method l have pointed out there
would still be treasurer, auditor, super
lntendent of public instruction and at
torney general, which the governor could
appoint" g.
is plain that Mr.. Nickeus in his COM
municatlon wes pointing method OF
making the officers district, instead OF
territorial, thereby meeting the require
ments of the organic act, ''that all town
ship, district and county officers, except
Justices Of the peace, and general officers
of the militia, shall be appointed or elect
ed in such manner as may bs provided by
the governor and legislative assembly, y
In other words he points out way
whereby nearly all of the officers now ap.
pointed by the governor would be elected
| by the people.